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krishnam7007-11 07:36 PMTN is not a modified H1B. With TN you do not have a dual intent: you cannot apply for a green card straight through TN status -- you would have to adjust your status to H1, L1, or any other immigrant status and only then apply for a green card.

TN is given for two years. Your wife can just as easily file for a TN in her occupation. Yes, you need an employer in the USA to get TN status, but I don't see a big problem with it. I work for a relatively small company (about 90 employees), and we hire people from all over the world. Our recruitment personnel conducts online and phone interviews, and a job offer can be made before the candidate ever visits our state.

With TN you get stamped at the border -- and welcome back to the USA! :)

Another interesting idea about Canada-USA work/immigration popped up today in conversation with my immigration lawyer. If you have a managerial position in a company that has offices in USA and Canada, you can jump on L1 visa. This will let you file in EB-1 category if you want to go for a green card. There are some additional requirements: you need to work as a manager in the company's branch in Canada for at least a year; when you apply for a green card, the company will need to prove that the Canadian office will keep operating after you get your green card and leave Canada. Nevertheless, it's a possibility that is definitely better than EB-3 or EB-2.
Using NEXUS.. doing my research..

"Plaintiffs herein allege that officials of the Immigration and Naturalization Service (INS) have engaged in affirmative misconduct in failing to process their applications for adjustment of status to that of permanent resident aliens. They seek a court order compelling the defendants to issue them appropriate visa numbers."

"Where there has been affirmative misconduct on the part of the INS, the United States may be estopped to deny the availability of visas to those otherwise eligible but for the government's acts. See Immigration & Naturalization Service v. Hibi, 414 U.S. 5, 8-9, 94 S. Ct. 19, 21-22, 38 L. Ed. 2d 7 (1973); see also Villena v. Immigration & Naturalization Service, 622 F.2d 1352 (9th Cir. 1980) (en banc); Santiago v. Immigration & Naturalization Service, 526 F.2d 488, 492-93 (9th Cir. 1975) (en banc), cert. denied, 425 U.S. 971, 96 S. Ct. 2167, 48 L. Ed. 2d 794 (1976). The central inquiry here is the determination whether or not the conduct of the INS, including the failure of the INS officials to understand the applicable law, the improper rejection of plaintiffs' visa applications on two occasions, and the ensuing delay, constitute affirmative misconduct.
It is the duty of the agency to inform itself of the law which Congress has authorized it to enforce. The INS admits that its personnel were not familiar with the current statute applicable to plaintiffs' visa eligibility and thus erred in returning [**8] the plaintiffs' applications on the basis of a misinterpretation of the relevant law. This failure to act in accordance with law is an aspect of the agency's affirmative misconduct which the Court cannot overlook. Administrative Procedure Act, 5 U.S.C. � 706(2)(A) (agency action to be set aside where "not in accordance with law").
Another aspect of the present misconduct relates to the agency's failure to fulfill a statutory duty. The INS has a statutory obligation to issue visas to qualified applicants to the full extent of the annual quota limits established by Congress. 6 The legislative history of the Immigration & Naturalization Act indicates that this duty has not been left to agency discretion, see S.Rep. No. 748, 89th Cong., 1st Sess. reprinted in (1965) U.S.Code Cong. & [*39] Ad.News, pp. 3328, 3337-38, but is obligatory upon the agency. "

"IT IS HEREBY ORDERED that plaintiffs' Motion for Summary Judgment is granted, and defendants' [**14] Motion for Summary Judgment is denied. The Court orders the defendant Secretary of State to issue A.T. Cortes and E. Cortes Fifth Preference visa numbers and to charge them to the 1979 visa allotments"

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amsgc12-21 04:07 PMalbertpinto,

I agree that it is not going to be easy - but I don't see any other way.

It is easy to throw numbers - 200K, 500K waiting, 750K apps received etc. etc., but unless there is evidence to back it up, these numbers mean nothing. What is our answer to a Senator who asks how many people are waiting in line Eb category? And what is the source of that data?

How else can we estimate how much money we are paying every year in taxes and contributing to the growth of the economy? Or, how many really intend to buy a house on receipt of the Green Card?

Perhaps we can think of some other strategy to arrive at some concrete numbers - but I sincerely don't think a database of anonymous unverifiable members is of much use. By the way, when I said verifiable, I meant that if a representative from a senators office were to randomly call a number from the database, he would find a legal immigrant at the other end who is trying to find his way through this process.

I like the idea of a temporary green card - there has been talk about it in the forums in the past. We could also consider pitching the idea of "expedited/early evaluation/adjudication", of the I-485, for a fee. The main point could be:
- For a fee, you will know for sure whether all your paperwork/interview work is complete, the case has been adjudicated, and your application is waiting only for a visa umber.
- Once the case is adjudicated - the USCIS sends you a letter that it is complete. Now can do almost anything with your EAD/AP - work for any employer, any field, any state, study, start a business etc.

The USCIS can define the criteria for accepting cases for early evaluation, such as:
- PD older than 3 years
- Buying a house etc.
- Attempting to start a business, changing job, going back to school to enhance skills etc.

Any other thoughts, any one?

I will be surprised if you get many mails - if you are asking people to reveal their phone numbers and the estimated taxes - how many will send mails ? and how can you verify what is being sent ??
the main point should be keep it simple !!!
-- I suggest this ...
1) come up with a plan ..either to send letters to media or logfren or both ..tell them about GC and housing and to speed up the process for those already here (rather than increasing h1 - which is controversial during slowdowns).
at the very least give us temporary green cards (if they cannot do a recapture) ..this temp card should be similar to permanent GC ..but it should give the applicant the freedom from RFE's etc (I know these sound difficult ..but it is new year and who knows Santa may grant us our wish :)).

2) give them approx figure that there are 300k families who are planning to buy house sooner or later ..but the GC is preventing them.
3) the other main point is to keep on increasing IV's member ship by telling everyone about this campaign ..maybe we need the dedication like the AMway guys to increase membership !!
(also ..please post on one thread and keep only one thread active at a time).

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akred06-12 12:04 PMNow to prove my point that we had all of today's similar issues then. Here is my after GC post.

http://forums.immigration.com/showthread.php?t=84252

I hope you people wouldn't simply jump to a conclusion that I was lucky. I went through all the travails of layoffs, GC backlogs etc.

Peace !!

You benefited from ISN (IV predecessor)'s efforts to get AC21 passed with a visa recapture. That visa recapture lifted the retrogression that had set in by 2000. Without that recapture (worth 100K+ visas) it is doubtful your PD would be current today.

angelina07-10 05:15 PMI am a Canadian citizen, from my experience Canada government does respect more for immigrants, health system is much better, and more elites moved there for higher quality of living standards.

There are also lots of good companies in Canada, where I have gained GOOD experiences.

For professionals like us, at least Canadian government treat us with dignity and as a human being, not like some illegal labour worker lurking in US, we are all LEGAL and proved no local candidates for these jobs. I have been exploited by my company for almost 4 years, current salary is 10K less then standard, even though I have 14 years of working experiences, when it comes to promotion, my boss prefer a fresh graduates and want me to teach him so he can get promoted on top of me.

USICS Recent unconscionable retrogression really top off all previous deeds. We are educated high professionals, it is understable if immigrants are not welcome, but can they do it in a professional way? If so, why not just stop accepting immigration applications? why still accepting our money and leave us in this limbo situation? And creating all the excuses AFTER taking our money?

We are dealing with the government department which suppose to be all professionals and educated people. And this is not some third world countries which law is not a concern, or anybody can be bribed to do anything they want to the public.

Feeling numb should be the best way to deal with all these madness, and fellow professionals I keep praying for us and remember dont let it gets to you emotionally, there will always be a way and everything happens for a reason.

New 3 years extension is valid till 10/2009. Visa Expired. I am from Pakistan. Where u from?

I am also from Pakistan too.

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mariusp02-13 02:28 PMWhat ever gave you the idea that EB ROW only wait for 3 years? There's this common misconception flying around here that somehow ROW just cruises by and we get GC handed to us on a platter when in fact up until yesterday EB-3 ROW was just as retrogressed as any other category not to mention that labor (pre PERM) and name check delays affected ROW just as much as everyone else. For instance, my brother, who is EB3-ROW with a PD of Dec 2002... and has been in the US since early 2000 and is still waiting in line...so do the math.

We're all in this crap together, some worse than others... so let's stop with this ROW Vs India & China nonsense. Country quotas are unfair and frankly the entire GC process is unfair and unpredictable... We should aim for solutions that solve this issue in a comprehensive way, not by dividing us even further.

Per country quota is what is killing India/China.. and that is the fact.. on an average ROW person waits for 3 years whereas India/China wait for eons.. as WD said if some one wants diversity go apply for a lottery or for better seek asylum... :mad::mad:

chanduv2306-28 03:46 PMPlease post all rumors in this thread. Maybe this rumor thread becomes a sticky so that people wont start new rumor threads.

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Legal07-25 02:37 PMDo you guys remember how many visas USCIS processed within the Last few days of June 2007 ( I remember it was around 20k) just to make sure they exhaust the Visa numbers and rollback the Visa Bulletin?

If it's possible for them to complete as many applications within a short span of time,it means they are capable of processing the applications faster...

Now due to more hiring they might process all the available visas by the end of the year.

Not that I'm having hopes of me getting 485 approved based on my PD, but just to put things in perspective....

We'll see once we hit Aug 1st......

Baseline average approvals have been 9000+ per month......read this link.

http://www.ilw.com/articles/2007,0716-lee.shtm

Details Leaking Out on July Visa Chart Fiasco Show Extraordinary and Legally Questionable Steps by U.S.C.I.S. to Exhaust Visa Numbers to Protect Fee Hike Collections
by Alan Lee, Esq.
More details came to light today as the New York Times reported that immigration officials said that employees were put to work both days last weekend at service centers in Texas and Nebraska, and that 25,000 applications were processed in the final 48 hours before Monday's deadline. ]

This means that given the statutory authority to approve 140,000 numbers per year, the agency in the seven years has averaged 113,901 completed cases per year, or 9,492 approvals per month. ...........

Department of State could say that sudden backlog reduction efforts by Citizenship and Immigration Services offices during the past month had resulted in the use of almost 60,000 employment numbers constitutes a phenomenon attributable solely to overtime work at the service centers during the last weekend and the cutting of corners on security as seen in the New York Times article.

Rohan9907-22 12:24 PMdude, don't read too much.... it is a fun thread, Another way to scare Amway jokers.

You will not believe that during Indian Independence day parade in Fremont Ca, these jokers were standing next to ticket counter and bothering everyone. I was not spared but I was polite to them because by nature I am not rude but annoyed lot.

Dont you think you took it too far? I dont think you make much sense. There it is, since you asked for my opinion.

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pady07-24 12:23 PMI had a Infopass apt this morning. My PD is Jul 2005 (Eb2-I) , 140 approved 18 months ago. The IO told me this morning that my Namecheck is cleared. How long do you guys think i get the approval?

user_198009-21 12:19 AMI'm about to transfer my H1. I have recent paystubs - Problem is that Paystub shows gap between pay date and pay period (around 7 weeks from pay period)..And, yeah I was in status all the time.

will this paystub cause any problem while transfering H1-B to another employer?

Please advice.

Thanks,

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kaisersose02-13 11:03 AMWake up, buddy. This is IV. Not !

Removal of Country caps was, is and will be one of the top agendas of IV , whether beneficiaries of a discriminatory system like you support it or not. It's morally and ethically repugnant to see discrimination based on country of birth in the 21st century. Just because it benefits some like you, it doesn't become right.

Employability has nothing to do with Country of Birth. When we are selected based on merit, skill and education by our employer, why should we suffer just because we are born in the wrong country?

It's time to throw away this last vestige of discrimination inherited from the previous centuries and move to a future where every individual is valued for what he/she is individually and not based on whether he was born in India or Sri Lanka.

Dude,

Read my post again.

I am not saying it is a bad thing (not for us desis). All I am saying is *every* country in ROW will oppose removing country cap and they have explicitly said so on . They would have said as much here too, if we had more diversity on this forum.

It is not about right or wrong, ti is just the way it is. The UK guy can come in to the US today for employment and can have a GC in a year or two. Why on earth will he support a change that will push him into a 10 year queue?

The point is, we should know where we stand when we are taking up removal of country cap. Unlike the other changes whic hare benefical to all GC aspirants, this is one change that will be opposed by several GC aspirants.

Same applies to you.. If you are so crazy about Bharat, what are you doing here.... HEHEHE. Just thought that it was kinda funny statement because of your name....BharatPremi --- :D

Guys

On the sameline, I think no one is crazy about anything but material wealth for self.

Take my example, GOV of India spent lot of money on me so that I get a degree from IIT and here I am in USA salivating over GC dreams.
If I would be kicked out of USA, I may move to Canada, if I kicked out of Canada then to Australia and it would continue............

gbof08-15 10:32 PMThe original post was not about SRK detention.. but it was giving an idea of US immigration system. Well everyone here is singing praises of US immigration system.. if anyone of you will be detained if simillar name flashes on their computer and detained for hours and sent back then i hope you guys don't change your tune.. Thanks for all your reds.. looks like some people over here are interested in green or red.. crazy guys!!! go get a life.

I gave you green...
You know america will care and care only US interests...and will defend its actions. We all have suffered inexplicable delays in NC/BC (donot know if they honor 180 day rule) but who cares for immigrants....
...peace...

la647001-16 02:37 PMThe fact is , as I perceive it to be , is that when this country needed the IT consulting industry to boom (pre dot com and a few years thereafter) they allowed consulting companies to send their employers to the client site (I dont understand how else a consulting firm can operate). However now the situation is changed and as per some misguided folks in USCIS going after the h1b consulting companies will DRAMATICALLY improve the job market for locals here. However the truth is that it is not going to help the locals. With the introduction of cloud computing, widespread broadband penetration around the globe and the software as a service model - the services will simply shift to the most optimum location. You can allready see it happening - just go to elance.com or guru.com and you will see small (1-10) person companies based in India and Russia earning more than half a million USD per year. At the end of it - these are nothing but misguided efforts by a prehistoric government agency that is governed by archaic rules that are irrelevant in today's world.

panini05-18 07:54 AMThe state television of Sri Lanka has confirmed that Prabhakaran has been shot dead while trying to flee the war zone.

And the whole island has been liberated from the LTTE terrorism.

Here is my salute to the brave and heroic Sri Lankan armed forces, our president and the secratery of defence and to my fellow Sri Lankan brothers and sisters!!!! This is it boys!!!! We did it !!!!